Abdul Muhammed Law Practice
Abdul Muhammed Law Practice has put together this article to explain the uses and procedure for noting of ships protest under Nigerian maritime law and practice.
This article will delve into the principles and application of Noting of Ships, explaining its importance and real-life relevance for commercial shipping.
Introduction
In the vast and dynamic world of maritime trade and shipping, various measures are taken to protect the interests of parties involved in international transactions.
One such vital measure is the “Noting of Ships” or “Noting for Protest.”
Noting of ships protest must be done before a notary public at the first opportunity at port of call is a smart legal way designed for Protection and safeguarding the commercial interests of ships owners when the ship is at sea or at port.
Principles of Noting of Ships
Noting of Ships is a legal process where an interested party, typically a shipowner, master, or charterer, formally registers a protest or objection regarding specific circumstances or events during a voyage.
These circumstances could involve damage to the vessel, disputes with port authorities, cargo discrepancies, or any other incidents affecting the ship or its cargo.
The essence of Noting of Ships lies in establishing an official record of the incident before an appointed authority.
The appointed authority, usually a notary public or the commissioner for oaths in any of the 5 admiralty registries of the Federal High Court system at Lagos, Warri, Yenagoa, Port Harcourt or Calabar.
The notary public or the commissioner for oaths records the protest in a formal document called the “Protest Note.” This document acts as a valuable piece of evidence to protect the rights and interests of the parties involved, particularly in potential legal proceedings.
Application in Real-Life Situations
1.Cargo Discrepancies: Suppose a shipping company loads a shipment of goods onto a vessel, but upon arrival at the destination, the consignee claims that some cargo is damaged or missing. By noting the discrepancy with the loading and unloading process, the shipowner can protect themselves from unfounded claims and prove the condition of the cargo at the time of shipment.
2.Port Disputes: Occasionally, ships encounter disputes with port authorities regarding issues like customs clearance, pilotage, or berth availability. Noting such incidents helps demonstrate that the ship followed proper procedures and navigational rules, minimizing potential liabilities.
3.Vessel Damage: If a ship experiences damage due to collisions, grounding, or rough weather conditions during a voyage, the master can note these incidents to establish a record of the events. This documentation is crucial when pursuing insurance claims or defending against any liability claims arising from the damage.
4.Charter Party Disputes: Charter parties are contracts between the shipowner and the charterer. In case of disagreements or breaches of the contract, either party can note the issues, protecting their interests and ensuring that proper documentation is available for legal recourse if necessary.
- Arrest and Detention: In some situations, a ship might get arrested or detained by authorities or creditors. By noting the reasons for such actions, shipowners can preserve their rights and seek appropriate legal remedies.
Conclusion
In conclusion, Noting of Ships protest is a fundamental process in the maritime and shipping industry, serving as a protective shield for shipowners, masters, and charterers alike. By formally registering incidents and disputes, parties can create a reliable record of events, thus safeguarding their interests in various real-life situations.
This simple yet powerful legal tool plays a crucial role in maintaining the integrity and fairness of maritime trade, promoting trust and transparency among all stakeholders involved.
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